102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5769

 

Introduced 11/16/2022, by Rep. Mark Batinick - Keith R. Wheeler - Stephanie A. Kifowit - Jonathan Carroll - Barbara Hernandez, et al.

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/4  from Ch. 38, par. 83-4

    Amends the Firearm Owners Identification Card Act. Provides that the parent or legal guardian that consents to an applicant under the age of 21 for a Firearm Owner's Identification Card possessing and acquiring firearms and firearm ammunition shall be liable for any damages resulting from the applicant's use of firearms or firearm ammunition and may be held accountable under the Parties to Crime Article of the Criminal Code of 2012 for any criminal offenses resulting from the applicant's use of firearms or firearm ammunition.


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A BILL FOR

 

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1    AN ACT concerning public safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 4 as follows:
 
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    Sec. 4. Application for Firearm Owner's Identification
8Cards.
9    (a) Each applicant for a Firearm Owner's Identification
10Card must:
11        (1) Submit an application as made available by the
12    Illinois State Police; and
13        (2) Submit evidence to the Illinois State Police that:
14            (i) This subparagraph (i) applies through the
15        180th day following July 12, 2019 (the effective date
16        of Public Act 101-80) this amendatory Act of the 101st
17        General Assembly. He or she is 21 years of age or over,
18        or if he or she is under 21 years of age that he or she
19        has the written consent of his or her parent or legal
20        guardian to possess and acquire firearms and firearm
21        ammunition and that he or she has never been convicted
22        of a misdemeanor other than a traffic offense or
23        adjudged delinquent, provided, however, that such

 

 

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1        parent or legal guardian is not an individual
2        prohibited from having a Firearm Owner's
3        Identification Card and files an affidavit with the
4        Department as prescribed by the Department stating
5        that he or she is not an individual prohibited from
6        having a Card;
7            (i-5) This subparagraph (i-5) applies on and after
8        the 181st day following July 12, 2019 (the effective
9        date of Public Act 101-80) this amendatory Act of the
10        101st General Assembly. He or she is 21 years of age or
11        over, or if he or she is under 21 years of age that he
12        or she has never been convicted of a misdemeanor other
13        than a traffic offense or adjudged delinquent and is
14        an active duty member of the United States Armed
15        Forces or has the written consent of his or her parent
16        or legal guardian to possess and acquire firearms and
17        firearm ammunition, provided, however, that such
18        parent or legal guardian is not an individual
19        prohibited from having a Firearm Owner's
20        Identification Card and files an affidavit with the
21        Illinois State Police Department as prescribed by the
22        Illinois State Police Department stating that he or
23        she is not an individual prohibited from having a Card
24        or the active duty member of the United States Armed
25        Forces under 21 years of age annually submits proof to
26        the Illinois State Police, in a manner prescribed by

 

 

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1        the Illinois State Police Department;
2            (ii) He or she has not been convicted of a felony
3        under the laws of this or any other jurisdiction;
4            (iii) He or she is not addicted to narcotics;
5            (iv) He or she has not been a patient in a mental
6        health facility within the past 5 years or, if he or
7        she has been a patient in a mental health facility more
8        than 5 years ago submit the certification required
9        under subsection (u) of Section 8 of this Act;
10            (v) He or she is not a person with an intellectual
11        disability;
12            (vi) He or she is not an alien who is unlawfully
13        present in the United States under the laws of the
14        United States;
15            (vii) He or she is not subject to an existing order
16        of protection prohibiting him or her from possessing a
17        firearm;
18            (viii) He or she has not been convicted within the
19        past 5 years of battery, assault, aggravated assault,
20        violation of an order of protection, or a
21        substantially similar offense in another jurisdiction,
22        in which a firearm was used or possessed;
23            (ix) He or she has not been convicted of domestic
24        battery, aggravated domestic battery, or a
25        substantially similar offense in another jurisdiction
26        committed before, on or after January 1, 2012 (the

 

 

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1        effective date of Public Act 97-158). If the applicant
2        knowingly and intelligently waives the right to have
3        an offense described in this clause (ix) tried by a
4        jury, and by guilty plea or otherwise, results in a
5        conviction for an offense in which a domestic
6        relationship is not a required element of the offense
7        but in which a determination of the applicability of
8        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
9        the Code of Criminal Procedure of 1963, an entry by the
10        court of a judgment of conviction for that offense
11        shall be grounds for denying the issuance of a Firearm
12        Owner's Identification Card under this Section;
13            (x) (Blank);
14            (xi) He or she is not an alien who has been
15        admitted to the United States under a non-immigrant
16        visa (as that term is defined in Section 101(a)(26) of
17        the Immigration and Nationality Act (8 U.S.C.
18        1101(a)(26))), or that he or she is an alien who has
19        been lawfully admitted to the United States under a
20        non-immigrant visa if that alien is:
21                (1) admitted to the United States for lawful
22            hunting or sporting purposes;
23                (2) an official representative of a foreign
24            government who is:
25                    (A) accredited to the United States
26                Government or the Government's mission to an

 

 

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1                international organization having its
2                headquarters in the United States; or
3                    (B) en route to or from another country to
4                which that alien is accredited;
5                (3) an official of a foreign government or
6            distinguished foreign visitor who has been so
7            designated by the Department of State;
8                (4) a foreign law enforcement officer of a
9            friendly foreign government entering the United
10            States on official business; or
11                (5) one who has received a waiver from the
12            Attorney General of the United States pursuant to
13            18 U.S.C. 922(y)(3);
14            (xii) He or she is not a minor subject to a
15        petition filed under Section 5-520 of the Juvenile
16        Court Act of 1987 alleging that the minor is a
17        delinquent minor for the commission of an offense that
18        if committed by an adult would be a felony;
19            (xiii) He or she is not an adult who had been
20        adjudicated a delinquent minor under the Juvenile
21        Court Act of 1987 for the commission of an offense that
22        if committed by an adult would be a felony;
23            (xiv) He or she is a resident of the State of
24        Illinois;
25            (xv) He or she has not been adjudicated as a person
26        with a mental disability;

 

 

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1            (xvi) He or she has not been involuntarily
2        admitted into a mental health facility; and
3            (xvii) He or she is not a person with a
4        developmental disability; and
5        (3) Upon request by the Illinois State Police, sign a
6    release on a form prescribed by the Illinois State Police
7    waiving any right to confidentiality and requesting the
8    disclosure to the Illinois State Police of limited mental
9    health institution admission information from another
10    state, the District of Columbia, any other territory of
11    the United States, or a foreign nation concerning the
12    applicant for the sole purpose of determining whether the
13    applicant is or was a patient in a mental health
14    institution and disqualified because of that status from
15    receiving a Firearm Owner's Identification Card. No mental
16    health care or treatment records may be requested. The
17    information received shall be destroyed within one year of
18    receipt.
19    (a-5) Each applicant for a Firearm Owner's Identification
20Card who is over the age of 18 shall furnish to the Illinois
21State Police either his or her Illinois driver's license
22number or Illinois Identification Card number, except as
23provided in subsection (a-10).
24    (a-10) Each applicant for a Firearm Owner's Identification
25Card, who is employed as a law enforcement officer, an armed
26security officer in Illinois, or by the United States Military

 

 

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1permanently assigned in Illinois and who is not an Illinois
2resident, shall furnish to the Illinois State Police his or
3her driver's license number or state identification card
4number from his or her state of residence. The Illinois State
5Police may adopt rules to enforce the provisions of this
6subsection (a-10).
7    (a-15) If an applicant applying for a Firearm Owner's
8Identification Card moves from the residence address named in
9the application, he or she shall immediately notify in a form
10and manner prescribed by the Illinois State Police of that
11change of address.
12    (a-20) Each applicant for a Firearm Owner's Identification
13Card shall furnish to the Illinois State Police his or her
14photograph. An applicant who is 21 years of age or older
15seeking a religious exemption to the photograph requirement
16must furnish with the application an approved copy of United
17States Department of the Treasury Internal Revenue Service
18Form 4029. In lieu of a photograph, an applicant regardless of
19age seeking a religious exemption to the photograph
20requirement shall submit fingerprints on a form and manner
21prescribed by the Illinois State Police Department with his or
22her application.
23    (a-25) Beginning January 1, 2023, each applicant for the
24issuance of a Firearm Owner's Identification Card may include
25a full set of his or her fingerprints in electronic format to
26the Illinois State Police, unless the applicant has previously

 

 

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1provided a full set of his or her fingerprints to the Illinois
2State Police under this Act or the Firearm Concealed Carry
3Act.
4    The fingerprints must be transmitted through a live scan
5fingerprint vendor licensed by the Department of Financial and
6Professional Regulation. The fingerprints shall be checked
7against the fingerprint records now and hereafter filed in the
8Illinois State Police and Federal Bureau of Investigation
9criminal history records databases, including all available
10State and local criminal history record information files.
11    The Illinois State Police shall charge applicants a
12one-time fee for conducting the criminal history record check,
13which shall be deposited into the State Police Services Fund
14and shall not exceed the actual cost of the State and national
15criminal history record check.
16    (a-26) The Illinois State Police shall research, explore,
17and report to the General Assembly by January 1, 2022 on the
18feasibility of permitting voluntarily submitted fingerprints
19obtained for purposes other than Firearm Owner's
20Identification Card enforcement that are contained in the
21Illinois State Police database for purposes of this Act.
22    (b) Each application form shall include the following
23statement printed in bold type: "Warning: Entering false
24information on an application for a Firearm Owner's
25Identification Card is punishable as a Class 2 felony in
26accordance with subsection (d-5) of Section 14 of the Firearm

 

 

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1Owners Identification Card Act.".
2    (c) Upon such written consent, pursuant to Section 4,
3paragraph (a)(2)(i), the parent or legal guardian giving the
4consent shall be liable for any damages resulting from the
5applicant's use of firearms or firearm ammunition.
6    (d) Upon written consent pursuant to subparagraph (i-5) of
7paragraph (2) of subsection (a), the parent or legal guardian
8giving the consent shall be liable for any damages resulting
9from the applicant's use of firearms or firearm ammunition and
10may be held accountable under Article 5 of the Criminal Code of
112012 for any criminal offenses resulting from the applicant's
12use of firearms or firearm ammunition.
13(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
14102-538, eff. 8-20-21; revised 10-12-21.)